#24197
Jimmy-T
Keymaster

    The strata manager is correct

    By-law changes require special resolutions which must be conducted by a poll vote (based on unit entitlements)..  

    It must say on the agenda which items are to be determined by special resolution.

    Special resolutions require that no more that 25 percent of  of those voting at a general meeting, either in person or by proxy, are against.

    Abstentions are not counted in the overall number of votes.  For instance, if those at the meeting represent 50 unit entitlements, 29 vote yes, 10 vote no, and 11 abstain, the motion fails because more that 25 percent of those voting objected even though they represented only 20 percent of the total votes at the meeting.

    Any owner can call for a poll vote (unit entitlements) on any issue at a general meeting, even those that require a simple majority. 

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.